Any application for a conditional zoning certificate for any land or structure permitted under this Zoning Ordinance shall be submitted in accordance with the following procedures:
(a) Submission to the Planning Director. Application for Planning Commission action shall be submitted to the Planning Director on a special form for that purpose. Each application form shall be accompanied by the payment of the required fee established in Chapter 1108 of the Planning and Zoning Code. In addition, the Planning Commission, where appropriate, may refer an application to qualified consultants for a report if it deems the proposed use may require special study. The cost of such report shall be at the expense of the applicant, in accordance with a policy established and amended from time to time by Council.
(b) Data Required with Application.
(1) Form supplied by the Planning Commission completed by the applicant.
(2) Site plan, plot plan or development plan of the entire property being considered, drawn to a reasonable scale and showing the location of all abutting streets, the location of all existing and proposed structures, the types of buildings, their uses and the acreage or area involved, including that for parking.
(c) Review by Planning Commission. The Planning Commission shall review the proposed development, as presented on the submitted plans and specifications in terms of the standards established in this Zoning Ordinance. Such review by the Planning Commission shall be completed and made public within forty-five (45) days of the date of submission.
(d) Hearing. The Planning Commission shall hold a hearing or hearings upon every application. Notice shall be sent to all adjoining property owners and shall be published in a newspaper of general circulation at least ten (10) days prior to the date of the hearing. Such notice shall indicate the place, time and subject of the hearing.
(e) Issuance and Revocation of Conditional Zoning Certificates; Violation. Only upon conclusion of hearing procedures relative to a particular application, and adequate review and study, may the Planning Commission issue a conditional zoning certificate. The breach of any condition, safeguard or requirement shall automatically invalidate the certificate granted, and shall constitute a violation of this Zoning Ordinance.
(f) Reapplication. No application for a conditional zoning certificate which has been denied wholly or in part by the Planning Commission shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration as determined by the Planning Commission. At the expiration of one year from the date of the original application, each reapplication shall be accompanied by the required fee.
(g) Termination. The conditional zoning certificate shall become void at the expiration of one year after the date of issuance unless the conditionally permitted use has commenced.
(Ord. 109-14. Passed 6-23-14.)